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FL » Topics » SWING LINE LOAN NOTICE

This excerpt taken from the FL 8-K filed May 21, 2009.

SWING LINE LOAN NOTICE

Date: ____________, ________

 

 

To:

Bank of America, N.A., as Swing Line Lender

 

Bank of America, N.A., as Administrative Agent

Ladies and Gentlemen:

          Reference is made to that certain Credit Agreement, dated as of March 20, 2009 (as amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”) by, among others, FOOT LOCKER, INC., a New York corporation (the “Borrower”), the Guarantors from time to time party thereto (individually, a “Guarantor” and, collectively, the “Guarantors”), the Lenders from time to time party thereto (individually, a “Lender” and, collectively, the “Lenders”), and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. Capitalized terms used but not defined herein shall have the meanings set forth in the Credit Agreement.

 

 

 

 

The Borrower hereby requests a Swing Line Borrowing:

 

 

 

 

1.

On __________________________ (a Business Day)1

 

 

 

 

2.

In the amount of $______________________ 2

          The Borrower hereby represents and warrants that the Swing Line Borrowing requested herein complies with the provisions of Section 2.04 of the Credit Agreement.

 

 

 

FOOT LOCKER, INC., as Borrower

 

 

 

By:

 

 

Name:

 

 

Title:

 

 

1          Each notice of a Swing Line Borrowing must be received by the Swing Line Lender and the Administrative Agent not later than 1:00 p.m. on the requested date of any Swing Line Borrowing.

 

2          Each Swing Line Borrowing shall be in a minimum amount of $100,000.00.

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